Archive for the ‘Civil Litigation’ Category

You Should Talk to an Attorney Before Signing a Release from an Insurance Adjuster

Saturday, March 10th, 2018

Insurance companies know that it is common for a person who was in a collision to feel fine immediately afterward, only to notice within a few days that their neck or back hurts, or that they are much sorer than anticipated. The insurance company is likely to present you with a release, but the check that would result from signing that release may not cover all of your harms and losses.

You can’t adequately assess all of your harms and losses immediately after the collision. You may have unknown medical bills that will result from treatment of injuries you have not yet identified.

It is best to first talk to an attorney to discuss the full range of your harms and losses resulting from the accident and to determine whether the release from the insurance adjuster is appropriate. This is especially true when many attorneys offer free consultations. Watch the video to learn more.

If you have questions about dealing with insurance companies or would like to discuss another legal matter, I want you to call me at 559-436-0850. I welcome your call. Or, visit our website at the Law Offices of Frank M. Nunes to reference our educational library.

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Can a child file a lawsuit on their own?

Tuesday, December 19th, 2017

In California, minor children cannot file lawsuits on their own behalf. The court instead appoints a Guardian Ad Litem, which is a representative for that child’s interest in the case. This is in large part because a minor’s perspective is assumed to not fully appreciate the complexities and implications of litigation.

The Guardian Ad Litem will typically be a parent or adult who is close to the child. In some cases, a child may wait until he reaches the age of eighteen years in order to pursue the case himself, but this option is not typically chosen because memories, evidence, and witnesses become less reliable and accessible over time. Most instead choose to pursue the case while it remains fresh.

The court will review the settlement with the guardian and the other side to ensure a fair agreement is reached, accounting for the harms and losses suffered by the child. Watch the video to learn more.

If you have questions about filing a lawsuit in California or would like to discuss another legal matter, I want you to call me at 559-436-0850. I welcome your call. Or, visit our website at http://www.NunesLaw.com to reference our educational library.

Can I be Deposed a Second Time in a Single Case?

Monday, December 11th, 2017

There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed.

A second deposition will usually consist of new material, but you should take care to review your previous testimony to ensure consistency. It is possible that some material from the first deposition may cross over into the second, and the implications of your answers need to line up.

What sometimes happens is that the party tasked with scheduling the first deposition failed to invite another party that they knew was involved in the suit, and the scheduling party then has the burden of explaining why the other group was not included. Watch the video to learn more.

If you have questions about depositions or would like to discuss your legal matter, I want you to call me at 559-436-0850. I welcome your call. Or, visit our website at http://www.NunesLaw.com to reference our educational library.

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